Loading...
HomeMy WebLinkAbout2021-06-15; City Council; ; Agreement with Utiliquest, LLC to Perform DigAlert Underground Service Alert Mark-Outs for Traffic Signals Meeting Date: June 15, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Fred Gaines Jr, Management Analyst fred.gainesjr@carlsbadca.gov, 760-602-7557 Subject: Agreement with Utiliquest, LLC to Perform DigAlert Underground Service Alert Mark-Outs for Traffic Signals Districts: All Recommended Action Adopt a resolution authorizing execution of an agreement with Utiliquest, LLC to perform DigAlert Underground Service Alert mark-outs for traffic signals in an amount not to exceed $183,894 for an initial one-year term and authorizing the city manager to approve up to three one-year term extensions, as well as terminate the agreement during the initial term or during any extension of the term, as needed. Executive Summary As a part of the Underground Service Alert efforts to prevent damage to existing underground infrastructure, the city performs mark-outs of its traffic signals underground communication conduits to minimize risk of damage. The service is mandated by California law before digging can begin. On Feb. 23, 2021, staff published a request for proposals to perform contract Underground Service Alert mark-out services in accordance with Carlsbad Municipal Code sections 3.28.050 and 3.28.060. On March 26, 2021, staff received six proposals. As noted in municipal code Section 3.28.050(D), public works staff evaluated the proposals and recommend authorization of an agreement with Utiliquest, LLC in an amount not to exceed $183,894. The City Council’s approval is required for this agreement under municipal code Section 3.28.040 (D)(1) because procuring these services will cost more than $100,000 per agreement year. Staff request City Council authorization for the city manager to execute the term extensions and authorization to terminate the agreement during the initial term or during any term extension as needed. Discussion Underground Service Alert mark-outs for traffic signal conduits are currently being performed as part of the traffic signals maintenance and operations agreement with Bear Electrical Solutions, Inc. The agreement expires on June 28, 2021, with no further extensions possible. June 15, 2021 Item #5 Page 1 of 17 The number of mark-outs has grown since fiscal year 2018-19 due to development activities, installation of fiber optic and other technology-based utility efforts. As a result, costs have continued to increase. On Feb. 23, 2021, staff published a request for proposal to perform contract Underground Service Alert mark-out services with an initial one-year agreement period and three possible one-year extensions for a total maximum agreement period of four years. A total of six contractors responded and staff rated them using a best-value analysis. The number of mark-outs is projected to increase in FY 2021-22, but at a lower annual rate. This is based on the last five months of data in FY 2020-21. The following table provides a summary of previous annual costs compared to Utiliquest, LLC’s proposal response: Contractor Year Total annual cost Mark-outs a year Cost per mark-out Bear FY 2017-18 $ 94,311.05 262 $ 359.97 Bear FY 2018-19 $ 115,817.65 385 $ 300.83 Bear FY 2019-20 $ 273,671.00 1008 $ 271.50 Bear 1 FY 2020-21 $ 291,085.20 1029 (est.) $ 282.79 Utiliquest 2 FY 2021-22 $ 183,894.00 1092 (est.) $ 168.40 1. Reflects projected FY 2020-21 cost, based on invoices through March 31, 2021, and a projected 1029 mark-outs for the fiscal year 2. Based on the request for proposal scope of work, including a mark-out quantity of 1092 for the fiscal year as the basis of the contractor’s proposed cost As a result of the best-value analysis under municipal code 3.28.050(D), staff rated Utiliquest, LLC as the highest-rated contractor. If the city has the ability in the future to perform the service in-house, the requested service will be no longer be needed, so this agreement will be terminated in accordance with standard terms. The agreement allows the city manager to extend the term for up to three one-year term extensions, as well as terminate the agreement during the initial term or during any extension of the term, as needed. Options Staff provides the following options for the City Council’s consideration: 1. Adopt a resolution authorizing execution of an agreement with Utiliquest, LLC to perform DigAlert Underground Service Alert mark-outs for traffic signals in an amount not to exceed $183,894 Pros • Ensures adequate coverage for the city’s needs • Selected firm’s core competency is mark-out activity • Mark-outs can commence as soon as the agreement is executed Cons • None identified June 15, 2021 Item #5 Page 2 of 17 2. Do not adopt a resolution authorizing execution of an agreement with Utiliquest, LLC to perform DigAlert USA mark-outs for traffic signals Pros • None identified Cons • No coverage for traffic signal mark-outs • City would be required to perform the service in-house with electricians who maintain streetlights, which would likely result in increased deferred maintenance on the streetlight infrastructure and streetlight fixtures remaining out of commission for a longer period of time Staff recommend Option 1 for the City Council’s approval – adopt a resolution authorizing execution of an agreement with Utiliquest, LLC to perform DigAlert Underground Service Alert mark-outs for traffic signals in an amount not to exceed $183,894. Fiscal Analysis The remaining budget in the FY 2020-21 operating budget is sufficient to complete this year’s projected workload and budget has been requested in the proposed FY 2021-22 operating budget to cover the cost of executing the agreement next fiscal year. All project costs are planned to be funded in the traffic signals operating budget. Next Steps Upon the City Council’s approval and once an agreement is fully executed, staff will issue a purchase order and Utiliquest, LLC will start performing DigAlert Underground Service Alert mark-outs for traffic signals, beginning June 29, 2021. Environmental Evaluation This action does not constitute a “project” within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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. Public Notification and Outreach Public notice of this item was posted in keeping with the state's Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date. Exhibit 1. City Council resolution June 15, 2021 Item #5 Page 3 of 17 RESOLUTION NO. 2021-146 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT WITH UTILIQUEST, LLC TO PERFORM DIGALERT UNDERGROUND SERVICE ALERT MARK-OUTS FOR TRAFFIC SIGNALS IN AN AMOUNT NOT TO EXCEED $183,894 WHEREAS, the City Council of the City of Carlsbad, California requires a contractor to perform DigAlert Underground Service Alert mark-outs for traffic signals; and WHEREAS, on Feb. 23, 2021, the city published a Request for Proposals in accordance with Carlsbad Municipal Code (CIVIC) Sections 3.28.050 and 3.28.060; and WHEREAS, on Mar. 26, 2021, staff received six proposals; and WHEREAS, per CMC Section 3.28.050(D), a committee consisting of Public Works staff reviewed and rated the proposals based on best-value criteria; and WHEREAS, staff determined that Utiliquest, LLC was the highest-rated contractor; and WHEREAS, staff recommend approving an agreement with Utiliquest, LLC in an amount not to exceed $183,894 for an initial one-year term; and WHEREAS, staff have requested sufficient funds as part of the proposed fiscal year 2021-22 traffic signals operating budget request to execute this agreement; and WHEREAS, the city planner has determined that this action does not constitute a project" within the meaning of the California Environmental Quality Act under Public Resources Code section 21065 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. 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 proposal of Utiliquest, LLC is hereby accepted. 3.That the Mayor is hereby authorized and directed to execute an agreement with Utiliquest, LLC in an amount not to exceed $183,894 for the initial one-year term, attached hereto as Attachment A. June 15, 2021 Item #5 Page 4 of 17 4. That the City Manager is authorized to extend the agreement for up to three subsequent one-year terms, and also authorized to terminate the agreement during the initial term, or during any extension of the term, if the City Manager deems such termination to be in the best interest of the city. PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 15th day of June, 2021, by the following vote, to wit: AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher. NAYS: None. ABSENT: None. MATT HALL, Mayor. BARBARA ENGLESON, City Clerk (SEAL) June 15, 2021 Item #5 Page 5 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN AGREEMENT FOR PROFESSIONAL SERVICES DIGALERT USA MARKOUT SERVICES FOR TRAFFIC SIGNALS UTILIQUEST, LLC THIS AGREEMENT is made and entered into as of the 15th day of June , 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Utiliquest, LLC, a limited liability company, ("Contractor"). RECITALS A.City requires the professional services of a consultant that is experienced in DigAlert USA Case Review and Markout Services for Traffic Signals. B.Contractor has the necessary experience in providing professional services and advice related to DigAlert USA Case Review and Markout Services for Traffic Signals. C.Contractor has submitted a proposal to City under Request for Proposals No. RFP21-1403TRAN and has affirmed its willingness and ability to perform such work. NOW. THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1.SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhilzit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2.STANDARD OF PERFORMANCE • While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in .the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3.TERM The term of this Agreement will be effective from June 29, 2021 to June 30, 2022. The City Manager may amend the Agreement to extend it for three (3) additional one year (1) year periods or parts thereof. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. 4.TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5.COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term shall not exceed one hundred eighty-three thousand eight hundred ninety-four dollars ($183,894). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. If the City elects to extend the Agreement, the amount shall not exceed one hundred eighty-three thousand eight hundred ninety-four dollars ($183,894) per Agreement year. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". Incremental payments, if applicable, should be made as outlined in attached Exhibit "A". City Attorney Approved Version 6/12/18 June 15, 2021 Item #5 Page 6 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN 6.STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7.SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8.OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9.INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorney's fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10.INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating City Attorney Approved Version 6/12/18 2 June 15, 2021 Item #5 Page 7 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report. 10.1 Coverage and Limits. Contractor will maintain the types of coverage and minimum limits indicated below, unless the Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. 10.1.1 Commercial General Liability (CGL) Insurance. Insurance written on an "occurrence" basis, including personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 10.1.2 Automobile Liability. (if the use of an automobile is involved for Contractor's work for City). $2,000,000 combined single-limit per accident for bodily injury and property damage. 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2 Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. City Attorney Approved Version 6/12/18 3 June 15, 2021 Item #5 Page 8 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN 10.5 Submission of Insurance Policies. City reserves the right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11.BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12.ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13.OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14.COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15.NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City For Contractor Name Nestor Mangohig Name Nick Starke Title Senior Engineer Title Project Manager Department Public Works Address 2575 Westside Parkway - Suite 100 Alpharetta, GA 30004 Phone No. 770-670-9416 City of Carlsbad Address 1635 Faraday Ave. Carlsbad, CA 92008 Email Nick.Starke@Utiliquest.com Phone No. 760-602-2736 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16.CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. YesE No El City Attorney Approved Version 6/12/18 4 June 15, 2021 Item #5 Page 9 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN 17.GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18.DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19.DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager-will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 20.TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, the City Manager may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, the City Manager may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event, the City Manager may terminate this Agreement on behalf of City. Upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. City Attorney Approved Version 6/12/18 5 June 15, 2021 Item #5 Page 10 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN 21.COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor, has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22.CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for , a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23.JURISDICTION AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24.SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement nor any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25.ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. /// III III III City Attorney Approved Version 6/12/18 6 June 15, 2021 Item #5 Page 11 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-81349213E41387 PSA21-1457TRAN 26. AUTHORITY The individuals executing this Agreement 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 Agreement. CONTRACTOR UTILIQUEST, LLC, a limited liability company CITY OF CARLSBAD, a municipal corporation of the State of California By: B: re447 9044ategyft. (sign here) Matt Hall, Mayor Terry L. Fordham, Managing Member (name/title) ATTEST: By: 71/1-‘ Pe. e" for (sign here) (name/title) Barbara Engleson, City Clerk 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 Group B Chairman, Secretary, President, or Assistant Secretary, Vice-President 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 Attorney City Attorney Approved Version 6/12/18 7 June 15, 2021 Item #5 Page 12 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN EXHIBIT "A" SCOPE OF SERVICES Consultant to submit invoices on a monthly basis for the following: ITEM U/M COST DigAlert Case Review Monthly Flat Rate $9,000.00 Mark-Out/Re-Mark Cost* Hour $69.50 Included with the invoice shall be a report detailing: 1. List of cases reviewed with: a.Case Number b.DigAlert USA reference c.Date/time Opened 2. List of Mark-Outs performed a.Consultant Work Order or reference number b.Case Number referenced above c.Total Work Oder Cost d.Date closed *Pricing above includes all internal IT costs associated with the set up and management to follow California's requirements to provide an Electronic Positive Response to the One Call center for every ticket notification. City Attorney Approved Version 6/12/18 8 June 15, 2021 Item #5 Page 13 of 17 • .7, tEK ALFA A. DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN STATEMENT OF WORK Consultant to provide an estimated cost and reporting in Exhibit "A", based on the below City map and traffic signal intersections: % 4 , City of Carlsbad 44'". --- Traffic Signal Communicition Ctmquit & . .4. s . = 7 City Attorney Approved Version 6/12/18 9 3 June 15, 2021 Item #5 Page 14 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN Location # of Int Leg EOC Presence Loop Phase Seback Loop Phase Carlsbad Blvd 4 1,2,3,4,5,6 2,6 State Roosevelt Madison - 4 4 4 X X . X 4,8 4,6 6 - Jefferson 4 X - Harding 4 X . 1,2,5,6 2,6 Pio Pico 4 3,4 Highland 4 X 4,8 Valley 4 X 4,8 Monroe 4 X Donna 4 X Avenida De Anita /Appian Rd 4 X . 1,2,4,5,6,8 2,6 Concord 3 . 2A6 2,6 Pontiac 3 Chatham 4 X Tamarack 4 X 2,6 Glaow 4 X College Aston Avenue . 4 4,8 Salk Avenue 4 X 2,6 - 2,6 Sunny Creek Road OFF OFF OFF 0 FF Rift Road 4 NI 2,6 2.6 Red Bluff Place 4 Y 2,6 2,6 . Carlsbad VillageDrtve Tamarack Avenue (5) Ta marack Avert ue ( ti) Et Camino Real 4 4 3 \if Y Y 2 2 Calle Barcelona 4 2 2,4 2 LevanteStreet 4 X 4,7 La Co=a Town Center 3 1,2,6,3 2,6 La Costa Avenue 4 X - Coati Del Mar Road 3 1,8 Arena; Road 4 Alga 4 X 2,4,6,8 2,4,6,8 Dove lar.e 4 X Poinsettia Lane 4 X Cassia Road 4 Camino Vida Roble 4 Town Garden Road 4 X Gateway 3 y, 5,8 Palomar A irpert Road 4 A 2,4,6,8 Faraday Avenue 4 X College Boulevard 4 X 2 2 Jackspar 4 Cannon Road Road 4 X City Attorney Approved Version 6/12/18 10 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 se 59 60 61 62 63 64 ES 66 67 68 69 70 71 72 73 74 75 76 77 73 79 80 81 82 83 June 15, 2021 Item #5 Page 15 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN Location # of In? Leg EOC Presence Loop Phase Seback Loop Phase Lim St 4 2,6 Kelly Drive Tamarack Avenue Chtnut Avenue 3 4 4 X X 3,4,7,8 1,2,4,5,6,8 4,8 2,6 Carlsbad Village Drive 4 X 6 6 H osp Way 4 X 2 2 • Marron 4 X No Plaza Drive 4 X Na Faraday • Van Allen 4 • X 4,8 College 4 X Rutherford 4 X Priestly 4 X Orion 4 X ElFuerte 3 X - Whiptail Lcop W 3 X W hi pta il Loop E La Costa 3 - . X Saxony 4 2,3,4,6,8 . 4,8 La Costa T own Entr 4 X Viejo Castilla 3 2,4,5,6 2,6 Rorneria 4 1,2,4,5,6,8 2,4,6,8 . Cadencia Montebello 4 4 X 2,4,5,8 4,8 Melrose Alga 4 X • 3,8 2,6 Via Patron 3 X 2,6 2,6 Carrillo Way 4 X 1,2,3,4,5,6,7,8 2,6 Rancho Bravado 4 1,2;3,4,5,6,7,8 2,4,6 Lionshead 4 X 2bad,6 2,6 Palomar Airport Road Avenida Encirtas 4 1,2,5,6,7,8 2,6 Paseo Del Norte 4 X 2 hop, 6 2,6 Armada Drive/Costa 4 2,6 2,6 Hidden Valley Road 4 2,6 1 6 --, College Boulevard 4 X Palomar 0 aksWay 4 1,4,5,8 4 Camir.o Vida Roble 4 2,4,6 246 Yarrow Drive 4 4 Lowes Driveway 3 X 4,8 4,8 Innovation Way 4 X 2,6 2,6 El Fuerte Street 4 X 2,6 2,6 Melrose Drive 4 X 4,6,8 4,6,8 City Attorney Approved Version 6/12/18 11 84 85 86 87 88 89 90 91 92 93 94 55 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 June 15, 2021 Item #5 Page 16 of 17 DocuSign Envelope ID: 3882F1D9-C2F6-4A72-A4BA-813492BE4D87 PSA21-1457TRAN Location #of int Leg EOC Presence Loop Phase Seback Loop Phew El Fuerte & Loker 4 X 2,6 2,6 El Fuerte & Gateway El Fuerte & Bressi Ranch El Fuerte & Greenhaven 4 3 3 X X x E I Fuerte & P acific Ridge 3 X El Fuerte & Corinitia 4 M onroe & Marron 4 . Monroe and Chestnut 4 . J efferson & M a rron 4 - J efferson & Las Flores 3 - J efferson & Laguna Tamarack & Jefferson 4 Tamarack & Adams _ 4 4,3 Marron & Cinema Way 3 X Jefferson & Grand 4 x •. Grand &State 4 - X Grand & Roosevelt 4 - X Gateway & Rnrial 4 X 2,6 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 City Attorney Approved Version 6/12/18 12 June 15, 2021 Item #5 Page 17 of 17 Tom Frank, Transportation Director June 15, 2021 Authorize execution of an agreement to perform DigAlert Underground Service Alert mark-outs for traffic signals Recommendation •Adopt a resolution authorizing execution of an agreement with Utiliquest, LLC to perform DigAlert Underground Service Alert mark-outs for traffic signals in an amount not to exceed $183,894 for an initial one-year term and authorizing the City Manager to approve up to three one-year term extensions, as well as terminate the agreement during the initial term or during any extension of the term, as needed 2 Background •City performs mark-outs of its traffic signals underground communication conduits to minimize risk of damage –Current agreement expires on June 28, 2021 •Staff received six proposals and evaluated the responses –Utiliquest, LLC’s proposal was the lowest cost and highest rated 3 Next Steps •Upon the City Council’s approval and once an agreement is fully executed, staff will issue a purchase order and Utiliquest, LLC will start performing DigAlert Underground Service Alert mark-outs for traffic signals, beginning June 29, 2021 4 Recommendation •Adopt a resolution authorizing execution of an agreement with Utiliquest, LLC to perform DigAlert Underground Service Alert mark-outs for traffic signals in an amount not to exceed $183,894 for an initial one-year term and authorizing the City Manager to approve up to three one-year term extensions, as well as terminate the agreement during the initial term or during any extension of the term, as needed 5 Thank you