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HomeMy WebLinkAbout2013-05-14; City Council; 21229; Approval Traffic Signal Program Project 6320CITY OF CARLSBAD - AGENDA BILL APPROVAL OF AMENDMENT NO. 1 WITH STACK TRAFFIC CONSULTING, INC. FOR PROFESSIONAL SERVICES FOR THE TRAFFIC SIGNAL PROGRAM, PROJECT NUMBER 6320 DEPT. DIRECTOR CITY ATTY. CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. 2013-115 approving Amendment No. 1 to amend the Professional Services Agreement with Stack Traffic Consulting, Inc. for staff support relating to traffic signal operations and equipment procurement for the traffic signal program. Project No. 6320 and other possible future projects. ITEM EXPLANATION; Project Overview: The 2012-2013 Capital Improvement Program includes the Traffic Signal Program (project No. 6320) to upgrade traffic signal equipment, create a traffic signal communications network and build a Traffic Management Center (TMC). When complete, this project will network most of the 172 traffic signals managed by staff and link them to the new TMC. This will allow staff to monitor traffic conditions and remotely access the traffic signal controllers to address conditions in a cost effective manner. Stack Traffic Consulting was retained using a professional service agreement to assist staff with traffic signal operations including tasks related to planning, design, procurement, equipment installation and configuration. Most of the work completed to date has been towards the traffic signal program. Project No. 6320. The first two phases of this project have been completed on schedule and under budget. Stack Traffic Consulting has taken a greater role in this project and the annual spending limit has been reached this year. Staff is requesting an amendment to the professional service agreement to complete the traffic signal program on schedule. There are adequate funds already budgeted in the Infrastructure Replacement Fund to complete this project. Amendment Description: In 2011 the city selected Stack Traffic Consulting, Inc. to provide professional services related to traffic signal operations including the Traffic Signal Program (Project No. 6320). The original three-year contract had an annual spending limit of $100,000. This annual contract spending limit has been reached for the current year for the work on the Traffic Signal Program (Project No. 6320). Staff recommends amending the professional service agreement with Stack Traffic Consulting, Inc. to have adequate spending authority to complete this project on schedule and to provide staff support for the remainder of the contract. Staff recommends approving Amendment No. 1 amending the agreement to eliminate the annual spending limit and increase the contract spending limit to $450,000. DEPARTMENT CONTACT: Doug Bilse 760-688-8600 Doug.Bilse@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • REPORT RECEIVED • Page 2 FISCAL IMPACT: The spending limit for the professional services agreement is recommended to be increased from $300,000 to $450,000. The additional $150,000 will be used to complete the Traffic Signal Program (Project No. 6320) and provide additional staff support over the remainder of the contract. There are adequate funds remaining in the CIP Infrastructure Replacement Fund for this amount. A summary of current and projected project costs are as follows: PROJECT COST SUMMARY FOR THE TRAFFIC SIGNAL PROGRAM (PROJECT NO. 6320) Pilot Project Funds Expended (approx.) $600,000 Phase 1 Funds Expended (approx.) $900,000 Phase Ii Funds Expended (approx.) $1,100,000 Phase III Cost Estimate $1,750,000 Traffic Management Center (TMC) Cost Estimate $150,000 TOTAL ESTIMATED PROJECT COST $4,500,000 TOTAL APPROPRIATIONS TO DATE $5,685,000 ADDITIONAL APPROPRIATION REQUIRED $0 ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. Resolution No. 2013-115 approvino Amendment No. 1 to amend the professional services agreement with Stack Traffic Consulting, Inc. supporting staff with traffic signal operations. 2. Amendment No. 1 to Agreement for Professional Traffic Signal Operations Services 1 RESOLUTION NO. 2013-115 27 28 WHEREAS, the City Council of the City of Carlsbad, California, has determined it 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH STACK TRAFFIC 4 CONSULTING, INC FOR STAFF SUPPORT FOR TRAFFIC SIGNAL OPERATIONS AND EQUIPMENT PROCUREMENT. 5 " 6 y necessary and in the public interest to approve Amendment No. 1 to the professional services 8 agreement with Stack Traffic Consulting, Inc., for staff support for traffic signal operations and ^ equipment procurement; and WHEREAS, On July 27, 2011, the city entered Into a three-year agreement with Stack Traffic Consulting, Inc. with an annual spending limit of $100,000 to provide support for traffic signal operations; and WHEREAS, city staff recommends the elimination of the annual spending limit; and WHEREAS, city staff recommends increasing the total contract spending limit to $450,000; and WHEREAS, funds have been appropriated in the 2012-2013 Capital Improvement 10 11 12 13 14 15 16 17 lg Program from the Infrastructure Replacement Fund and sufficient funds are currently available. j9 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 20 California, as follows that: 21 1. The above recitations are true and correct. 22 23 24 25 3. That Amendment No. 1 to Professional Service Agreement with Stack Traffic 26 Consulting, Inc. with a spending limit of $450,000 for providing staff support for traffic signal 2. That the $100,000 annual spending limit is eliminated and that the total contract spending limit Is increased from $300,000 to $450,000. 3 1 operations and equipment procurement is approved and the Mayor is hereby authorized and 2 directed to execute said Amendment to Agreement. // // // 3 4 5 6 7 // 8 // 9 10 11 12 13 14 // 17 18 19 20 23 24 25 26 27 28 // // // // 15 // 16 // // // // 21 // 22 // // // // 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 the 14*^ day of May, 2013, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Blackburn and Douglas. None. None. MATT HALL; Mayor ATTEST: TRAN835 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL TRAFFIC SIGNAL OPERATIONS SERIVCES (STACK TRAFFIC CONSULTING, INC.) This Amendment No.1 is entered into and effective as of the /day of /H^X/ , 2013, amending the agreement dated July 27, 2011 (the "Agreement") by aM between the City of Carlsbad, a municipal corporation, ("City"), and Stack Traffic Consulting, Inc., a California corporation, ("Contractor") (collectively the "Parties") for professional services related to traffic signal operations. RECITALS A. The Parties desire to alter the Agreement's scope of work to increase the spending limits of the agreement. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein. City and Contractor agree as follows: 1. The annual spending limit will no longer apply to this contract. 2. With this Amendment, the total Agreement amount shall not exceed four hundred fifty thousand dollars ($450,000). 3. City will pay Contractor for all work associated with those services described in the original agreement on a time and materials basis not-to-exceed four hundred fifty thousand dollars ($450,000) over the contract period. Contractor will provide City on a monthly basis, copies of invoices sufficiently detailed to include hours performed, hourly rates, and related activities and costs for approval by City. 4. Contractor will complete all work by July 26, 2014. 5. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 6. All requisite insurance policies to be maintained by Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. /// /// /// /// /// /// City Attorney Approved Version 1/30/13 7. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR STACK TRAFFIC CONSULTING, INC., a California corporation By, (sign here) (print nafne/title) By (sign here) l6/titie) ^ (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California Mayor ATTEST: BARBARA ENGLES City Clerk ,v^^V\.SB/\o% ^ QJ^^ If required by City, proper notarial acknowledgment of execution by Contractor must be attached. If a corporation. Agreement must be signed by one corporate officer from each of the following two groups: Group A Chairman, President, or Vice-President Group B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: Assistant City AttorneJ\ City Attorney Approved Version 1/30/13 WAIVER REQUEST FORM FACTORS IN SUPPORT OF REQUEST TO MODIFY INSURANCE REQUIREMENT(S) Generally, a modification to the coverage requirement will be accepting a lower limit of coverage or waiving the requirement(s). Requested by: Doug Bilse/Transportation, June 6, 2012 (Name and Department) Date Proposed modification(s) to the Prof Liability requirement(s) for Master Agreement - Traffic Consulting Svcs- Stack Traffic TRAN835 Consulting, Inc. (Type of insurance) (Name of contract) O Reduce coverage to the amount of: Q Waive coverage ^ Other: Waive requirement of surplus lines carrier on the LASLI (formerly LESLI) FACTOR(S) IN SUPPORT OF MODIFICATION(S) (check those that apply) nSignificance of Contractor: Contractor has previous experience with the City that is important to the efficiency of completing the scope of work and the quality of the work-product, [explain] Significance of Contractor: Contractor has unique skills and there are few if any alternatives, [explain: include number of candidates RFP sent to and number responded if applicable] _ •Contract Amount/Term of Contract: $ .. Work will be completed over a period of •Professional Liability coverage is not available to this contractor or would increase the cost of the contract by $ [explain]. ^ ^ . l^^Qther (e.g. explain why exposures are minimal, how exposures are covered in another policy, exposure control mechanisms, and my other information pertment to vour request): Under the Nonadmitted and Reinsurance Reform Act fNRRA). as part of the Dodd-Frank Act and implemented in Insurance Code Section 1765.1. "alien'' nonadmitted insurers listed on the NAIC's (National Association of Insurance Conunissioners) Quarterly List of Alien Insurers are eligible to accept placements of Califomia risks from surplus lines brokers. The federal action provides for the national listing, thereby allowing alien carriers to avoid individual filing requirements in each state such as those to be included on the LASLI (formerly LESLI). As of January 30.2012 Lloyds of London/Beazley syndicate voluntarily removed itself from the LASLI. electing to rely on inclusion on the Quarterly List of Alien Insurers to provide insurance for Califomia risks from surplus lines brokers. Lloyds has made a filing in Califomia that permits the Department of Insurance to "recofaiize" Lloyd's syndicates in the event of an inquiry from a broker or a member of the public. However, the extent to which standards for a surplus lines carrier on the LASLI (List of Approved Surplus Lines Insurers) versus those on the Quarterly List of Alien Insurers is unclear as of the writing of this waiver and in recent articles appearing in the Insurance Journal it appears that the state's implementing legislation has resulted in issues that may need to be resolved in court. In any case, there is confusion among brokers and clients because there are now 2 lists in the state, one with "approved" surplus lines carriers and the other, the national list of **eligible" surplus lines carriers. Apparently Lloyds is trying to work with the state to sort out some of the confusion ad it can be anticipated that there will be more to come on this matter. In the meantime. Llovds of London/Beazlev syndicate has and continues to be the carrier for Stack Traffic Consulting. Inc. for its professional liability insurance, it was on the LASLI until it requested removal, and it is the carrier for the contractor wdth significant ongoing protects in the City. It is requested Llovds of London/Beazlev syndicate be accepted as the carrier for professional liability insurance for Stack Traffic Consulting, hic. Approved by Risk Manager for these 4 contracts only: ^^^^ ^'(^TX (Signature) (Date) H:\WORD\Insurancc\Adinin Order #68 waiver modify insurance requirements doc 06/15/2006