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HomeMy WebLinkAbout2011-11-08; City Council; 20733; AMENDMENT 2 SANDAG AGREEMENT COUNTDOWN SIGNALSCITY OF CARLSBAD - AGENDA BILL AB# 20,733 MTG. 11/08/11 DEPT. TRANS AUTHORIZE MAYOR TO EXECUTE AMENDMENT NO. 2 TO SANDAG AGREEMENT FOR THE INSTALLATION OF AUDIBLE AND COUNTDOWN PEDESTRIAN SIGNALS PROJECT NO. 6321-1 DEPT. HEADV^'f\ CITY ATTY. <5$&^ CITYMGR, /^ RECOMMENDED ACTION: Adopt Resolution No.2011-263 authorizing the Mayor to execute Amendment No. 2 to the SANDAG Agreement for the installation of audible pedestrian and countdown pedestrian signals at twenty-one signalized intersections, Project No. 6321-1. ITEM EXPLANATION: On June 26, 2009 SANDAG's Board of Directors allocated $150,660 in Transportation Development Act/TransNet (TDA/TransNet) grant funding to the City of Carlsbad for this project. The original SANDAG Grant Funding Agreement between the City and SANDAG specified a start of construction by November 2010 and a project completion date of February 2011. The project was awarded to the low bidder, Traffic Development Services, on February 22, 2011. At this time, staff amended (Amendment No. 1) the project schedule with a new start of construction date of May 1, 2011 and a new project completion date of July 31, 2011. Due to issues with the contractor and his material supplier, the construction contract was not fully executed until April 14, 2011. During this time, staff was made aware of a new hardware requirement for the proper operations of the audible pedestrian signals that was not included in the original scope of work. A change order (Change Order #1) to purchase the additional hardware was issued. The time delay associated with the execution of the construction contract and the lead time required to have the new hardware delivered has resulted in the need for staff to submit another amendment to the project schedule (Amendment No. 2) with a revised construction period of May 2011 to January 2012 and completion date of February 29, 2012. ENVIRONMENTAL IMPACT: The project is exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15301(c) - minor alteration of existing facilities involving negligible or no expansion. FISCAL IMPACT: The city cannot submit grant reimbursement requests to SANDAG against the $150,660 allocated to the project through the grant if Amendment No. 2 is not signed by the Mayor and returned to SANDAG. DEPARTMENT CONTACT: Jim Murray (760) 602-2734, jim.murray@carlsbdadca.gov FOR CITY CLERKS USE ONLY COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED XnN D D D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page 2 The status of the project is shown below: AUDIBLE/COUNTDOWN PEDESTRIAN SIGNALS - PROJECT No 6321-1 TASK DESGRIPf ION Construction, Inspection, Materials Testing TOTAL APPROPRIATED " "TO DATE><" . $182,471 $182,471 EXPENDITURES/ ENCUMBRANCES $168,944 $168,944 REMAINING BALANCE $13,527 $13,527 Amendment No. 2 only extends the contract period and does not increase the contract cost. As such, there are sufficient TDA and Gas Tax funds for this amendment. EXHIBITS: 1. Resolution No.2011-263 authorizing the Mayor to execute Amendment No. 2 to the SANDAG Grant Funding Agreement for the installation of audible pedestrian and countdown pedestrian signals at twenty-one signalized intersections, Project No. 6321-1. 2. Amendment No. 2 to SANDAG Agreement No. 5001362. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 „ i A^i RESOLUTION NO. 2011-263 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT NO. 2 TO THE SANDAG GRANT FUNDING AGREEMENT FOR THE INSTALLATION OF AUDIBLE PEDESTRIAN AND COUNTDOWN PEDESTRIAN SIGNALS, PROJECT NO. 6321-1. WHEREAS, the City Council of the City of Carlsbad, California, has i iW / determined it necessary, desirable, and in the public interest to install audible pedestrian and countdown pedestrian signals at twenty-one existing signalized intersections; and WHEREAS, the SANDAG Grant Funding Agreement between the city and a Project Schedule that needs to be amended in order for the city to be able reimbursement of construction costs; SANDAG has to submit for NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1 . That the above recitations are true and correct. 2. That the Mayor is hereby authorized to sign Amendment No. 2 to SANDAG Grant Funding Agreement for the installation of audible pedestrian and countdown pedestrian signals at twenty-one intersections, Project No. 6321-1 /// /// /// /// /// /// /// /// /// 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on 8th day of November 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard. NOES: None. ABSENT: None. H1ORRAINE M. WOOD, City Clerk (SEAL) Amendment No. 2 to SANDAG Agreement No. 5001362 Amendment Summary Contract No.: 5001362 Amendment No: 2 (Seven month time extension only) Consultant: City of Carlsbad Work Description: Installation of Audible & Countdown Pedestrian Signals A. This Amendment Only (Revisions)B. Original Agreement D. Revised (Total) Amended Agreement Revisions to: QScope Max. Amt. Exp. Date Choose One Below O Terms & Conditions (T&C) D Scope of Work (SOW) D Both (T&C) and (SOW) Amount: $List Amount End Date: 2/29/12 Amount: $150,660 End Date: 2/28/11 C. Current Agreement* Amount: $150,660 End Date: 7/31/11 % Over Original Amount: (D-B)/B% Amount: $150,660 End Date: 2/29/12 * This includes original agreement and all previously approved amendments II. Standard Provisions A. Under the Agreement identified by the Contract Number in Article I and any previous amendments thereto (referred to herein as "Agreement") between San Diego Association of Governments ("SANDAG") and Contractor/Consultant identified in Article I of this Amendment (referred to herein as "Consultant"), Consultant provides brief work description, as shown in Article I, to SANDAG. B. Consultant shall remain bound to the terms of the Agreement, except to the extent the terms of this Amendment conflict with the Agreement or a previous amendment, in which case this Amendment shall supersede. Nothing in this Amendment relieves the Consultant of its obligation to perform as required by the Agreement or any previous amendment unless expressly stated herein. III. Agreement Revisions (See Article I.A - Amendment Summary, if applicable) A. Scope of Work If the Scope box is not selected in Article I.A, there shall be no change to the scope of the Agreement. If the Scope box is selected in Article I.A, SANDAG and Consultant agree that the scope of work shall be amended as summarized in Article I.A. If applicable, these revisions are described as shown in Attachment A to this Amendment. B. Costs If the Maximum Amount box is not selected in Article I.A, there shall be no change to the maximum amount of the Agreement. If the Maximum Amount box is selected in Article I.A, then: 1. SANDAG and Consultant agree that the maximum amount of the Agreement shall be revised. The revised maximum amount is summarized in Article I.A. If applicable, the revised payment amounts are shown in Attachment B to this Amendment. 2. The total amount payable under this Agreement shall not exceed the amount shown in Article I.D., which includes both the Agreement and this Amendment's revision. Page 1 of 2 C-70715-Rev061009 $T~ Agreement No.: 5001362 Amendment No.: 2 C. Schedule of Services/Milestones/Deliverables If the Expiration box is not selected in Article I.A, there shall be no change to the termination date of the Agreement. If the Schedule box is selected in Article I.A, SANDAG and Consultant agree that the termination date and/or schedule of this Agreement shall be revised and the termination date Identified as "End Date" in Article I.D, shall be the termination date. Consultant shall not be paid for work performed after the termination date. If applicable, the revised project schedule is as shown in Attachment C to this Amendment. IV. Signatures This Amendment may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, this Amendment has been executed under the provisions of the Agreement between SANDAG and Consultant. By signing below, the parties hereto agree that all terms and conditions of this Amendment and the Agreement and any previous amendments shall be in full force and effect. The persons below assert that they are authorized to execute this Amendment and have executed it effective as of this day of , 2011. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CARLSBAD CHARLES "MUGGS" STOLL Date MATT HALL Date Land Use and Transportation Planning Department Director Approved as to form and legality: Office Of General Counsel Date Attachments: [~] Scope of Work (Attachment A) |"~| No Attachments O Payments (Attachment A) [3 Schedule (Attachment A) C-70715- Rev 061009 Page 2 of 2 /b ATTACHMENT A TO AMENDMENT NO. 2 TO SANDAG AGREEMENT NO. 5001362 Attachment A (Project Budget, Scope of Work, and Project Schedule) is hereby amended to extend the project completion date from 7/31/2011 to 2/29/2012. This project schedule extension does not cause the Grantee to miss a milestone in "Use It or Lose It" policy (Attachment B to Agreement) Section 1.1.1. The Grantee has reached twelve (12) months aggregate in project schedule extensions (Amendment 1- Five months; Amendment 2- Seven months). As per "Use It or Lose It" policy Section 2.1, any further project schedule extensions must be approved by SANDAG's Transportation Committee. Justification The City of Carlsbad discovered recent changes in the manufacturer's specifications regarding the Polara audible pedestrian signals requiring each pedestrian push button to have either their own separate ground wire (cannot use a common ground) or installation of a Conflict Monitor to insure proper operation of the audible pedestrian signals. Carlsbad's traffic signal pedestrian push buttons all have common grounds so either new wires would need to be installed or a Conflict Monitor would need to be installed at each of the intersections, neither of which were included in the city's funding request, scope of work nor the contractor's construction bid. Staff has determined that the most cost effective solution is to purchase and install the Conflict Monitors. The City has issued a Contract Change Order for the contractor to purchase and install the Conflict Monitors, which will be paid for by the City and is not a reimbursable expense. The project cannot commence until the contractor receives the Conflict monitors. The Conflict Monitors have been ordered by the contractor and are scheduled to be shipped the week of July 25 - 29, 2011. The contractor should commence work the week of August 8 - 12, 2011. The construction contract provides for completion of all work within sixty (60) working days. The City expects the construction to be completed before February 29, 2012. C-70715 -Rev 032808 1 TDA/TRANSNET BICYCLE, PEDESTRIAN, & NEIGHBORHOOD SAFETY PROGRAM BUDGET, SCOPE OF WORK, & SCHEDULE Project: Installation of audible pedestrian and countdown pedestrian signals at 21 intersections in the City of Carlsbad Contract Number: 5001362 Claim Number: 10011000 Task Deliverables Feasibility Study N/A Final Design N/A Right-of-Way Acquisition N/A Environmental Documentation N/A Award Construction Contract Project Completion Start Date End Date SAN DAG Funds Matching Funds Total l-Nov-10 1-May-11 30-Apr-ll 29-Feb-12 TOTAL $150,660 $150,660 150660 $0 $150,660 Capital Project Revenues Source TDA FY2010 $150,660 FY2011 FY2012 Total $150,660 Revised Scope of Work and Project Schedule Deliverables Receive Grant Agreement from SAN DAG Prepare PS & E package to receive bids City Council approval of Agreement, unding & authorization to bid Solicit bids Open & review bids & select lowest responsible bidder City Council awards Contract Contract documents returned by contractor Construction period Complete construction Completion Date 23-Jul-lO July to August 2O1O Nov-lO November & December 2O1O Jan-11 Apr-11 Apr-11 May 2O11 to January 2O12 29-Feb-12 C-70715 - Rev 032808 ff